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Mark C. Cogan, P.C.
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Success Stories

Civil Compromise Achieved in Difficult Assault Case

R.P.’s case was not a “normal” assault case. What began as a misdemeanor assault charge, quickly turned into a Ballot Measure-11 felony assault, and was then downgraded back to a misdemeanor assault, but with felony unlawful use of a weapon added as the most serious crime. R.P. was accused of using a BB gun to strike the alleged victim in the head during an altercation.

After conducting extensive investigations with the alleged victim and the witnesses, we were able to reach a civil compromise settlement with the alleged victim. However, our work was not done, as we received pushback from the Court as to whether the case could and/or should be dismissed as a civil compromise. After researching the issues presented and preparing the documents for the Court to review, our Motion to Dismiss was granted, and expungement papers were filed right away.

This case could have destroyed our Client and the Client’s family, but due to our diligent and “never say die” efforts, we were able to achieve the best outcome possible.

Victory in Felony Sex-Case

BT, a military veteran in a faraway county, faced felony sex-charges due to a relationship with an underage girlfriend. After their breakup, the girlfriend and her family wanted nothing more than to see BT locked away for many years, and accused him several times with untruthful acts that landed him in jail on multiple occasions throughout the case. Our quick and resourceful actions got BT out of jail, as we were able to prove his innocence in regards to release violations and show law enforcement’s rush to judgment in blaming him for acts he had not done.

Due to our work and hard-fought negotiations, in tandem with the evaluations of our psychologist and sociologist, we were able to work out an agreement with the District Attorney’s office to allow for a resolution of misdemeanor non-sex-crimes. Such a resolution will allow BT to have all records of the matter expunged, and prevent the life-long consequences that can come from a conviction for a sex-crime.

When it came time for sentencing, the District Attorney’s office, as a result of many factors, argued for the maximum possible sentence. However, after hearing our advocacy, the judge sentenced BT to time-served and probation, freeing him with no further jail-time, and allowing him to return home.

Cases like these are a reminder that a team approach is necessary in many cases, particularly felony sex-cases. Our team was able to secure an outcome that resulted in no more pain and suffering on the part of BT. A case like BT’s is also a reminder that our office can go anywhere around the State of Oregon, to counties large and small, and achieve outstanding results.

SUCCESSFUL SETTLEMENT OF FRAUD CASE AVOIDS PROSECUTION FOR OUR CLIENT.

We have had much success protecting our clients from prosecution in theft and embezzlement matters.

AB retained our firm because of threatened criminal prosecution arising from a series of overpayments of governmental benefits.

We immediately attacked the problem and worked out a financial settlement saving AB from criminal prosecution.

Because of our work, AB will not face the considerable damage that criminal prosecution would have caused.

No humiliating arrest. No costly trial. No jail sentence. No criminal record. No damage to future employment prospects. Client’s reputation and standing in the community is protected.

A stunning victory for our client!

RAPE ALLEGATIONS DISMISSED!

CA had a one night fling with a female acquaintance. Upon discovering that CA is married, the female felt she was used and abused, and reported a rape to the police. CA feared that, as a black man who had sex with a white woman, he would feel the wrath of the legal system. We arranged for CA to take an exculpatory polygraph, which he passed. CA will not be prosecuted.

SUBORDINATE EMPLOYEE’S RAPE ALLEGATIONS DROPPED!

LA, a high caliber professional, had consensual sexual contact with a subordinate at an office party. The woman then cried ‘rape’ when he rejected intercourse. This exposed our client to criminal prosecution. As a result of our prompt and proactive investigation, including gathering witness statements, we were able to demonstrate to law enforcement that what occurred was a non-criminal, consensual encounter between consenting adults. Our client was rewarded by not being prosecuted for any criminal charges and suffered no loss to his career.

CONVICITON REVERSED IN STATE OF OREGON VS. RAMIRO QUIROZ HERNANDEZ!

The Oregon Court of Appeals just issued an important victory for the defense in a case handled by our office. A Washington County judge refused to allow cross examination of the alleged victim in a sex case, specifically related to the alleged victim’s motivation for making a false charge against our client. The defense sought to explore her potential motive as it relates to gaining permanent residence status via a U-Visa application as a result of a conviction in this case. The Court of Appeals reversed our client’s conviction and remanded the case for a new trial!

FELONY DRUG CHARGES DISMISSED AFTER LENGTHY LITIGATION

CD hired our office after law enforcement seized marijuana and money from his vehicle in The Dalles. CD was charged with felony delivery of marijuana, tampering with evidence, and criminal trespass. CD maintained that they never delivered marijuana nor tampered with text message evidence that allegedly showed the intent to deliver. After more than a years’ time, we were able to persuade the prosecutor that there was no evidence of delivery or tampering. We resolved the case with a plea to criminal trespass, whereby CD would do some community service and be on unsupervised probation. This resolution kept CD from a felony conviction, prison time, a license suspension, and all the other harsh consequences of a major felony drug conviction.

CHARGES DISMISSED FOR FATHER PROTECTING HIS FAMILY

GD was charged with Harassment after a fight with his adult son. Law enforcement arrested and charged GD knowing that GD was merely protecting his family from the violent behavior of his son. After thoroughly negotiating with the prosecutor, we were able to convince the prosecutor that the case against GD was not worth proceeding with. The case was dismissed and the record expunged. GD was spared from going to jail, having to be on probation, have a conviction on his record, and all the other problems that come with a criminal conviction. GD’s case is one that shows how getting to a lawyer early on is very important. Had we not been in contact with the prosecutor at an early stage, we may not have achieved the total success that we did.

VICTORY IN UNDERAGED GIRLFRIEND, NO SEX OFFENDER LABEL

Our office frequently represents young men accused of having sex with underage females. Typically, our client is 18 to 22 years of age with an underaged girlfriend who was not coerced or pressured into the relationship, nor does she view herself as a victim. Despite this, the legal consequences can be extreme. The young man faces jail or prison, mandatory registration as a sex offender, and a felony conviction that never qualifies for expungement.
Read more about Victory In Underaged Girlfriend, No Sex Offender Label

NO JAIL TIME FOR HIT & RUN DRIVER IN MULTNOMAH COUNTY

RJ hit a pedestrian and immediately fled the scene. He came into our law firm the next day and we enacted a pro-active strategy that kept him out of prison even though the pedestrian’s injuries had been life-threatening. This case perfectly shows how valuable it is to retain our firm at the earliest possible opportunity.

SENIOR CITIZEN SAVED FROM JAIL TIME

Our client was charged with multiple crimes that risked sending him to prison for 3 years or more. We persuaded the judge to place our client on probation, which would spare the client potential loss of his home and life as he knew it. One strategic move was to get our client into counseling immediately to address underlying causes of his conduct and to show good faith to the court. We submitted a psychological evaluation to the judge and worked hard to rally our client’s supporters who ultimately attended court and drafted character reference letters on his behalf. The result is that this man remains free, avoided any prison, is continuing helpful counseling sessions and has grown closer to his family.

ADULT SON CLEARED OF FINANCIAL CRIMES ALLEGED AGAINST ELDERLY MOTHER

JC faced felony charges alleging that he embezzled the funds of his elderly mother. After a failed guardianship proceeding, he became the object of DHS and police investigation relating to his care of and financial responsibility for his mother. The client’s family, livelihood and freedom were threatened as a result of bogus prosecution. We prepared a strong defense for trial, utilizing testimony of the client’s wife, ex-wife and other character witnesses, in order to show that he was not guilty of the crimes. In the end, faced with a likely win for our side, the prosecution dismissed the case on the eve of trial, ending our client’s long and overwhelming ordeal in the criminal justice system.

NATIVE AMERICAN CASE VICTORY

We defended a Native American client from an activist family on a high-profile criminal matter arising from our client’s actions in rescuing her son from danger. Our client faced serious charges of Burglary in the First Degree and Custodial Interference in the First Degree for violating a Tribal Court order. Our client had removed her son from a home in Portland where she believed her son was being sexually assaulted. We traced out the complex history of Tribal Court litigation, and fully analyzed the legal relationship between the Tribal and State Court jurisdictions. Our investigators gathered crucial documentation concerning wide ranging law enforcement investigations in two States. Our defense team included professional investigators and forensic scientists, including a renowned forensic psychologist.
Read more about Native American Case Victory

SEX-OFFENDER REGISTRATION RELIEF

Client BQ came to our office seeking to be relieved of having to report as a Sex Offender based on a conviction in another State from over 2 decades ago. Documentation established that BQ completed sex offender treatment, was fully rehabilitated, and is no longer a threat to anyone. We filed a motion with the court seeking to relieve BQ from having to register as a Sex Offender. The District Attorney opposed our motion on behalf of BQ, but we persuaded the court to grant our motion. BQ no longer is required to register as a Sex Offender.
Read more about Sex-Offender Registration Relief

JUVENILE’S BALLOT MEASURE 11 CHARGE REDUCED TO MISDEMEANOR, NO JAIL TIME

MM faced a Ballot Measure 11 charge in Washington County after she had slashed a former boyfriend on the neck with a razor blade. Even though MM was only 17 years old, and had never been in trouble with the law, she faced a potential sentence of many years in prison. Our advocacy on behalf of MM resulted in a plea to an expungeable offense, and not even a single day of jail time. Once MM completes probation, we will be able to erase her conviction and seal all records of her arrest and prosecution. By any measure, our work on behalf of MM was a stunning success.
Read More about Juvenile’s Ballot Measure 11 Charge Reduced to Misdemeanor

FAITH-HEALING & THE WORTHINGTON CASE

For many years, the Clackamas County District Attorney’s Office has been seeking to crack down on the Followers of Christ Church of Oregon City, which has been reported in the news media of following the religious practice of “faith healing” instead of modern medicine. Following the death of Ava Worthington, the District Attorney prosecuted Carl Brent Worthington and his wife Raylene Marie Worthington, for the crime of Manslaughter in the Second Degree. The State alleged that Mr. and Mrs. Worthington failed to provide adequate medical care to their daughter Ava, and that this was the cause of Ava’s death.
Read more about the Worthington case

TEENAGER’S BALLOT MEASURE 11 CHARGES REDUCED

Client CC was indicted for multiple charges of assault and robbery with multiple victims. Despite the fact that CC lacked any criminal history, she faced a mandatory minimum prison sentence of many years under the harsh framework of Ballot Measure 11. When CC came to us, she was represented by a court-appointed attorney. We took over her case, and as a result of the work we did with our client over a period of several months, we were able to accomplish a vastly improved outcome. CC ended up not facing the severe consequences of Ballot Measure 11. When our client regains her freedom, her co-defendants will still have many years yet to serve in prison. Equally important, our client will be able to get all records of her prosecution expunged, and her conviction erased, while the co-defendants will be burdened by criminal convictions for the rest of their lives.

YOUNG MAN’S INVESTIGATION FOR SEX ABUSE HALTED, NO CHARGES FILED

Client MN came to us facing potential sexual abuse charges, arising from a consensual relationship with a co-worker. He faced many years in prison, lifetime registration as a sex offender, and exclusion from any employment opportunities in his chosen profession. Even if he was found not guilty, simply being arrested and prosecuted for this crime would have been devastating. We intervened strongly in the investigation stage and persuaded the authorities that the client was innocent and should not be prosecuted. Fortunately, MN came to us before he was indicted, so we had the maximum possible opportunity to avoid the worst. As a result of several months of diligent work, we were able to clear the client from suspicion. In the end, we persuaded the authorities that it would be a grave injustice to charge the client with any crime.

DOMESTIC VIOLENCE CHARGES REDUCED, NO JAIL TIME

Client DC was charged with Ballot Measure 11 assault of the client’s wife, and the District Attorney piled on charges of kidnapping and other offenses. DC and his wife saw the incident as an opportunity to address issues and improve their marriage. Together with the wife’s attorney, we formulated a strategy that resulted in the couple being reunited and the charges being drastically reduced to a level that did not cause the client to forfeit his career or spend any time in jail.

INNOCENT MAN’S BALLOT MEASURE 11 RAPE & SODOMY CHARGES DISMISSED

Client KW faced Ballot Measure 11 charges of rape and sodomy which may have resulted in many years of imprisonment without intervention. The client had previously been represented by a court-appointed attorney who did nothing to advance his defense. Our thorough investigation yielded evidence to clear KW of the crimes. We persuaded the prosecution to dismiss all charges and the client was set free.

WOMAN’S BALLOT MEASURE 11 ASSAULT REDUCED TO MISDEMEANOR, NO JAIL TIME

Client MM faced Ballot Measure 11 charges of assault and other offenses resulting from an encounter with an overly aggressive mall-cop, a volunteer for the Sheriff’s Office. Our investigation of the matter showed the volunteer failed to comply with his training and applicable regulations, and that the police investigation was flawed. We were able to achieve reduction to a low-level misdemeanor offense, with no jail time and no probation.

YOUNG MAN’S BALLOT MEASURE 11 SEX CHARGES REDUCED, NO JAIL TIME

Client CA faced Ballot Measure 11 sex charges arising from a failed relationship with his past girlfriend. With the help of an expert polygraph result, we persuaded the District Attorney’s Office to reduce the charges to a level that did not cause the client to be convicted of a Sex crime and have to register as a Sex Offender. Further, we negotiated an outcome that did not require the client to serve any time in jail. After a relatively brief waiting period, our client will be able to erase all records of his arrest and prosecution in this matter.

BALLOT MEASURE 11 ASSAULT & KIDNAPPING CHARGES REDUCED, NO PERMANENT RECORD

Client RV faced Ballot Measure 11 charges of Assault and Kidnapping. After a thorough investigation and evaluation by an expert psychologist, we were able to persuade the prosecuting attorney and the judge that our client did not deserve the full brunt of prosecution under Ballot Measure 11. We negotiated an outcome which resulted in the client being released from jail and a conviction that qualifies for expungement.

BALLOT MEASURE 11 RAPE CHARGE DISMISSED

Client SG faced possible prosecution for Ballot Measure 11 Rape. Swift investigation on our part, and a successful polygraph result, spared our client from the humiliation and devastating consequences that would have ensued as a result of being arrested and prosecuted for this crime.

BALLOT MEASURE 11 ASSAULT CHARGES REDUCED

AV was accused of multiple Ballot Measure 11 charges, based on a violent assault involving many victims. The client had a good family background, and no prior criminal history, but faced a prison sentence of 10 years or more. Our work made use of an extensive psychological evaluation performed by our forensic psychologist. We used the services of two excellent investigators, who tracked one key witness down in Europe and also gathered important motion-picture archival information key to defense of our client. After many months of hard work we accomplished a non-Measure 11 outcome. AV will not have to serve the prison sentence that would otherwise have been his fate. Even more important, as a result of the successful outcome of this matter, our client will be able to erase all records of his arrest and prosecution. We are very proud of the success we accomplished for this client.

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Mark C. Cogan, P.C., of Portland, Oregon, represents individuals charged with crimes throughout Oregon, including central Oregon, northern Oregon, Pacific Coast communities and the Willamette River valley, including Clackamas County, Washington County, Multnomah County, Columbia County, Marion County, Tillamook County, Clatsop County, Lincoln County, Lane County, Linn County and Benton County and the cities of Salem, Lake Oswego, Gresham, Oregon City, Tigard, Beaverton, Hillsboro, Tualatin, Milwaukie, West Linn, The Dalles and Clackamas.

© Mark C. Cogan, P.C., 2016 - 2017.